Title 34, Chapter 9, Section 382
( 34-9-382)
(a) There is established a Self-insurers Guaranty Trust Fund for the
sole purpose of making payments in accordance with this article.
The fund shall be administered by an administrator appointed by the
chairman of the board of trustees with the approval of the board of
trustees. All moneys in the fund shall be held in trust and shall
not be money or property of the state or the participants. The
board of trustees shall be authorized to invest the moneys of the
fund in the same manner as provided by law for investments in
government backed securities. (b) All returns on investments shall be retained by the fund. The
funds of the Self-insurers Guaranty Trust Fund shall be for the
purposes of compensating employees who are eligible to receive
workers' compensation benefits from their employers pursuant to the
provisions of this chapter when, pursuant to this Code section, the
board has determined that compensation benefits due are unpaid or
interrupted due to the insolvency of a participant. Moneys in the
fund may be used to compensate an employee for any type of injury or
occupational disease or death, including medical or rehabilitation
expenses which are compensable under this chapter against a
participant, and all claims for related administrative fees,
operating costs of the board of trustees, attorneys' fees incurred
by the board of trustees or at its direction, and other costs
reasonably incurred by the board of trustees. Payment from the
Self-insurers Guaranty Trust Fund shall be made in accordance with
this chapter. (c) As a condition of self-insurance, a private employer, except any governmental self-insurer or other employer who elects to group self-insure pursuant to Code Section 34-9-152, captive insurers as provided for in Chapter 41 of Title 33, or employers who, pursuant to any reciprocal agreements or contracts of indemnity executed prior to March 8, 1960, created funds for the purpose of satisfying the obligations of self-insured employers under this chapter, must make application to and be accepted in the Self-insurers Guaranty Trust Fund. |